Q. With reference to the writs issued by the Courts in India, consider the following statements: - Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct? (UPSC Prelims 2022)
Answer:
1, 2 and 3
Notes: The correct answer is
[D] 1, 2 and 3.
- Statement 1 (Correct): Mandamus is primarily a remedy against public authorities. However, it can be issued against a private body if it is performing a public function or is entrusted with a public duty. This was affirmed by the Supreme Court in cases like Binny Ltd. v. V. Sadasivan.
- Statement 2 (Correct): In a technical legal sense, while a Government Company is "State" under Article 12, Mandamus is often restricted when the dispute is purely contractual or commercial in nature. Many judicial interpretations hold that Mandamus does not lie against a company (even government-owned) to enforce private contracts or if the company does not have a "statutory" duty to perform.
- Statement 3 (Correct): The rule of locus standi is relaxed for Quo Warranto. Any public-spirited person or "citizen" can move the court to challenge the legality of an appointment to a public office, even if they are not a rival candidate or personally aggrieved.
The complexity of Statement 2 often stems from the fact that while a Government Company is "State," it is also a distinct legal entity. Mandamus is generally used to enforce a
statutory duty, and if the company is not performing such a duty, the writ may be denied.